Ecosystem-Based Function Integration Into the Treaty ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~~ Columbia Basin Tribes’ Concept to Modernize the Columbia River Treaty

Columbia River Gorge. Photo Laura Gephart

COLUMBIA BASIN TRIBES Burns Paiute Tribe s implemented in 1964, the Columbia River Coeur d’Alene Tribe ATreaty (Treaty) addresses two primary purposes Confederated Salish and Kootenai – hydropower and flood risk management. During the Tribes of the Flathead Nation Confederated Tribes of the Colville Sovereign Participation Process, the Columbia Basin Reservation tribes (tribes) proposed integrating ecosystem-based Confederated Tribes of the Umatilla Indian Reservation function operations into Columbia River flood risk and Confederated Tribes and Bands of hydropower management under a modernized Treaty. the Yakama Nation This proposal was adopted by regional sovereigns and Confederated Tribes of the Warm Springs Reservation of stakeholders in the U.S. as integral to modernizing the Cowlitz Indian Tribe Treaty and is a principle element of the U.S. Entity Kalispel Tribe of Indians Regional Recommendation on the Future of the Columbia Kootenai Tribe of Nez Perce Tribe River Treaty after 2024. To implement this paradigm shift, Fort McDermitt Paiute the tribes also propose changes to Treaty governance, Tribe adaptations for climate change and structural upgrades for Shoshone-Bannock Tribes of the Fort Hall Reservation projects to better protect and enhance the tribes’ trust and Shoshone Paiute Tribes of the Duck Valley Indian Reservation treaty rights and resources, rights and resources that were Spokane Tribe of Indians neglected when the Treaty was developed.

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INTERTRIBAL ORGANIZATIONS Columbia River Inter-Tribal Upper Columbia United Tribes Upper Tribes Fish Commission 25 W. Main, Suite 434 413 W. Idaho Street 700 NE Multnomah Street Spokane, WA 99201 Suite 101 Suite 1200 Boise, ID 83702 Portland, Oregon 97232

28 Jan 2015 Since time immemorial, the rivers of the Columbia Basin have been, and continue to be, the life blood of the tribes. Columbia Basin tribes depend on the ecosystem of the Columbia Basin watershed for its ability to provide, protect and nurture cultural resources, traditions, values and landscapes throughout its length and breadth. Clean and abundant water that is sufficient to sustain healthy populations of fish, wildlife, and plants is vital to holistic ecosystem-based function and life itself. A restored, resilient and healthy watershed will include ecosystem-based function as defined by the Columbia Basin tribes on page 7 of this publication. First Foods While much has been done to address the adverse effects The First Foods are water, salmon, deer, cous (or of hydropower development and operations on Columbia roots) and huckleberry. Basin ecosystem-based function, achieving ecosystem-based Each First Food consists function is not limited to managing the Columbia Basin to of ecologically related foods. The salmon address fish and wildlife listed under the Endangered Species grouping includes the Act or the Northwest Power and Conservation Act. The tribes various salmon species, have explored a range of ecosystem-based function operations including steelhead, and also lamprey, freshwater for integration into a modernized Treaty as represented by mussels, trout and other two modeled scenarios, 3Ea and 3Eb in the following figures. fishes. The deer grouping While additional collaborative work needs to be pursued includes mule deer, to determine operations that are implemented under a white-tailed deer and elk, among other four-legged, modernized Treaty, these operations would support a broad hoofed animals. The suite of fish, wildlife and other natural resources. With Treaty roots are cous, celery, modernization, ecosystem integration at these levels or greater camas and bitterroot. The berries are huckleberry could be aggressively achieved and provide adaptation for and chokecherry. All climate change with minimal disruption to current existing First Foods, all life, uses such as water supply, hydropower operations, and flood depends on water and is always served first in our risk management. The tribes believe that a regional flood longhouse ceremonies. risk management study is essential to properly and fully Our relationship to balance flood risks with other flow management priorities salmon and the First and costs. The tribes are optimistic that the study could lead Foods is a reciprocal one. The First Foods nourish to outcomes that would maintain adequate levels of flood the native people, while risk with minimal economic consequences from infrequent the native people must high flows. Integration of ecosystem-based function requires protect them and the habitats that support the implementation of operational rule curves that address them. ecosystem needs in balance with hydropower and flood risk management at key Columbia Basin projects, similar to what has been accomplished at Libby and Hungry Horse dams. The following are necessary elements to achieve ecosystem- based function in the Columbia Basin: Treaty Governance • Expand the Treaty Entities to include expert knowledge and representation for ecosystem-based function in both the U.S. and Canada.

• Members of the sovereign tribal governments must participate as ecosystem representatives in the U.S. High head fish passage at the 312-foot Upper Baker Entity. Dam is accomplished by a surface fish collector. Photo courtesy Puget Sound Energy. Structural Modifications • Fish passage facilities must be immediately investigated and, if warranted, installed at Chief Joseph and Grand Beaver dam at Grand Teton National Park. Coulee dams in the U.S., and at Keenleyside, Brilliant, Photo: . Waneta and Seven Mile dams in Canada to allow Structural modifications at reintroduction of salmon, steelhead and other fishes to dams are just one aspect of improving ecosystem function historical habitats. throughout the entire Basin. By adding habitat restoration and conservation actions to • Infrastructure, including the spill gates at Grand our efforts, an even greater Coulee Dam, must be modified as needed to increase improvement to water temperatures and ecosystem operational flexibility and preserve storage, health can be achieved. Part particularly in drier water years. of integrating ecosystem- based function operations under the Treaty will be to • Investigate raising the elevation of the Banks Lake investigate and implement all options for improving water diversions to leave cooler water in the river, diverting quality and temperatures, warmer water for irrigation. including such actions as encouraging beaver dams in the headwaters of watersheds • Investigate potential for reducing the generation of to store and deliver cooler total dissolved gas (TDG) at Grand Coulee Dam. water throughout the year.

• Investigate and if feasible, implement selective temperature regulation from high head dams so long as this action will not increase reservoir water temperatures. Ecosystem-based Function Operations • Keep reservoirs fuller and more stable with cooler waters, particularly in drier water years (Fig 1).

• Restore spring and early summer freshet flows, particularly in drier water years (Fig. 2).

• Increase springtime fish spills at run-of-river dams in the U.S.

• Reduce drafts at Grand Coulee, Libby, Brownlee,  Current Condition and Dworshak dams in the U.S. and at Mica and  Ecosystem Scenario 3Ea Keenleyside dams in Canada in drier water years.  Ecosystem Scenario 3Eb

Fig 1. Grand Coulee (Lake Roosevelt) Pool Elevation (wyr ALL) 1291' Current Refill (1290’)

1283'

1274'

1266'

1258'

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1241' Current Draft (1238’)

1233'

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Empty (1208’) 1208' Oct Nov Dec Jan Feb Mar Apr1 Apr2 May Jun Jul Aug1 Aug2 Sep

Ecosystem-basedScenario Oct Nov functionDec Jan reservoirFeb Mar andApr1 riverApr2 operationsMay Jun JulscenariosAug1 Aug2 Sep Curr. Cond. 1288.0 1283.6 1286.1 1280.8 1275.5 1260.9 1251.3 1238.4 1254.4 1289.1 1285.8 1282.0 1278.5 1285.0

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3Ea retains more winter and early spring storage 3Eb retains less winter and early spring storage than at upstream reservoirs, releasing extra water in the 3Ea in dry and average runoff years but more than the spring and early summer to recreate a partial peaking current condition. This storage is also released in the hydrograph in dry and average runoff years with a spring and early summer to create a partial peaking sustained declining limb and implements higher fish hydrograph with a sustaining limb. Fish spill levels are spill levels. the same as for 3Ea. Fig 2. The Dalles: Modified vs. Regulated Flow (wyr ALL) 670.0

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• Continue VarQ operations at Hungry Horse and Libby  Current Condition Scenario Oct Nov Dec Jan Feb Mar Apr1 Apr2 May Jun Jul Aug1 Aug2 Sep  Ecosystem Scenario 3Ea dams.Current ••••••• 103.1 125.3 154.9 174.7 164.2 176.1 205.8 241.8 284.9 293.6 200.1 165.2 138.0 107.9 3Ea 101.6 107.0 129.8 159.7 148.6 171.7 201.3 257.7 315.9 322.9  Ecosystem211.3 164.9 Scenario139.3 3Eb109.4 3Eb 92.6 117.5 151.1 175.1 155.9 158.6 199.5 258.0 297.1 300.4 214.5 171.4 144.4 110.5 • ImplementNatural River 82.4 rule89.7 curves92.4 at93.1 system106.1 dams128.4 that173.7 integrate256.8 418.1 468.3 247.7 145.6 113.5 87.7 ecosystem-based function, hydropower and flood risk management for climate change adaptation.

• For a more comprehensive explanation of ecosystem- based function operations, please contact the individuals listed at the end of this paper for the tribes’ detailed discussion paper.

Lake Koocanusa Created by Libby Dam in Montana, the 90-mile long Lake Koocanusa reaches 48 miles (77 km) to the Canadian border and 42 miles (68 km) further into British Columbia. The lake holds 13% of the water in the Columbia River system. Photo courtesy US Forest Service. Key Facts • Tribes, without consultation or prior and informed consent, have contributed substantially to the initial development and continued operation of the Columbia Basin hydropower system including flood risk management for downriver investments in cities, ports and other infrastructure through substantial sacrifices to their cultural, health, social, religious and ecosystem resources.

• Tribes are requesting that the U.S. Department of State include them in negotiations and future governance with Canada for a modernized and resilient Treaty that integrates ecosystem-based function as an equal purpose along with flood risk and hydropower management.

• The region needs to conduct a U.S. flood risk management study to seek alternative means (i.e. levees and floodplain management) to reduce the consequences of high flows thereby increasing needed flexibility in reservoir operations.

Upper Arrow Lake. Photo: wallpaperup.com Definition of Ecosystem-based Function Adopted by the Coalition of Columbia Basin Tribes, June 2013

Since time immemorial, the rivers of the Columbia Basin have been, and continue to be, the lifeblood of the Columbia Basin tribes. Columbia Basin tribes view ecosystem-based function of the Columbia Basin watershed as its ability to provide, protect and nurture cultural resources, traditions, values and landscapes throughout its length and breadth. Clean and abundant water that is sufficient to sustain healthy populations of fish, wildlife, and plants is vital to holistic ecosystem-based function and life itself. A restored, resilient and healthy watershed will include ecosystem-based function such as: • Increased spring and summer flows resulting in a more natural hydrograph; • Higher and more stable headwater reservoir levels; • Restoring and maintaining fish passage to historical habitats; • Higher river flows during dry years; • Lower late summer water temperature; • Reconnected floodplains throughout the river including a reconnected lower river estuary ecosystem as well as reduced salt water intrusion during summer and fall; • Columbia River plume and near shore ocean enhanced through higher spring and summer flows and lessened duration of hypoxia; and, • An adaptive and flexible suite of river operations responsive to a great variety of changing environmental conditions, such as climate change.

Improved ecosystem-based function in the Columbia Basin Watershed is expected to result in at least: • Increased recognition, protection and preservation of tribal first foods and cultural/ sacred sites and activities, First foods include water, salmon, other fish, wildlife, berries, roots, and other native medicinal plants; • An estuary with an enhanced food web and increased juvenile fish survival; • Increases in juvenile and adult salmon survival; • Decreased mainstem travel time for migrating juvenile salmon; • Increased resident fish productivity that provides stable, resilient populations; • Increased wildlife productivity that provides stable, resilient populations; and, • Salmon and other juvenile and adult fish passage to historical habitats in the Upper Columbia and Snake River basins, and into other currently blocked parts of the Columbia River Basin. F ra se r R iv er C o lu Okanagan m b S ia Q E R uesnel C Valley R W iv e 3! r E About this Paper P E Barnère M Adams C Lake Williams Lake N The Columbia Basin tribes C Shuswap Lake h 3 A ilc 2( oti T n Riv MICA er I O prepared this paper after Kinbasket Lake 2* Lake Chase N T homps R Salmon Arm Kamloops on 3) cessation of the Columbia 3@ BRITISH Enderby S YOHO E GLACIER NP River Treaty Review Sovereign C NP Calgary 3! W Golden COLUMBIA E 2$ C P Nicola Vernon EVELSTOKE o KOOTENAY Participation Process and the 2( E R lu Lake m NP ompson 2* M N Kalamalka Th Rive b Lake r ia O C Merritt 2& R I

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D e R i S lh v R a e n iv r a er M ke R iv Boi e are an integral aspect of se Ri r ver ARROWROCK q OWYHEE Boise Idaho Falls PALISADES ecosystem-based function, a LUCKY EAK ver P Ri ANDERSON OREGON ee h RANCH y SWAN CRATERS OF THE MOON substantive discussion of that w FALLS NAT’L MONUMENT g O AMERICAN FALLS Pocatello CJ STRIKE issue is provided in a separate MINIDOKA UPPER Sn SALMON ake R paper. This paper was approved iver WYOMING MINER

Ow yhee Riv for distribution by tribal leaders er o on October 1, 2014 and may be f amended following additional UTAH analysis and review. CALIFORNIA NEVADA

0 25 50 100 200 Kilometers This map was produced by the Columbia River Inter-Tribal Fish Commission. It is meant North Dam authorized Columbia Basin Reservation for informational and display purposes only and was created with the best data available by Columbia Boundary or Reserve 3 at the time of production. It does not represent any legal boundaries or information. River Treaty Map date: March 2013 à 0 25 50 100 200 Miles

Tribal Nations in the United States* First Nations in Canada q Burns Paiute Tribe Inside the Columbia Basin Outside the Columbia Basin with Asserted Interests w Coeur d’Alene Tribe KTUNAXA NATION OKANAGAN NATION e Conf. Salish and Kootenai Tribes of the Flathead Nation j Yaqan nuʔkiy (Lower Kootenay Indian Band) 2& spaxomən(Upper Nicola Band) r Conf. Tribes and Bands of the Yakama Nation k ʔakink umŧasnuqŧiʔit (Tobacco Plains Indian Band) SECWEPEMC NATION t Conf. Tribes of the Colville Reservation l ʔakisqnuk (Columbia Lake Indian Band) 2( Qwʔewt (Little Shuswap Indian Band) y Conf. Tribes of the Umatilla Indian Res. ; ʔaqam (St. Mary’s Indian Band) 2* Sexqeltqín (Adams Lake Indian Band) u Conf. Tribes of the Warm Springs Res. of Oregon OKANAGAN NATION 3! Simpcw (Simpcw First Nation) i Cowlitz Indian Tribe 2) c’əc’əwixaʔ (Upper Similkameen Indian Band) 3) Sk emtsin (Neskonlith Indian Band) o Ft. McDermitt Paiute Shoshone Tribes 2! kɬk’ər’míws (Lower Similkameen Indian Band) 3@ Splatsín (Splatsín First Nation) a Kalispel Tribe of Indians 2@ snpíntktn (Penticton Indian Band) s Kootenai Tribe of Idaho 2# stqaʔtkwəɬwt (Westbank First Nation) d Nez Perce Tribe 2$ suknaqínx (Okanagan Indian Band) f Shoshone Paiute Tribe of the Duck Valley Indian Res. 2% swíws (Osoyoos Indian Band) Columbia g Shoshone-Bannock Tribes of the Ft. Hall Res. SECWEPEMC NATION h Spokane Tribe of Indians 2^ Kenpésqt (Shuswap Indian Band) River Treaty * management authorities and responsibilities a ected by the Columbia River treaty; does not include all tribes in the Columbia Basin

Contacts Jim Heffernan, CRITFC (503) 238-0667, [email protected] Keith Kutchins, UCUT (509) 209-2411, [email protected] Robert Austin, USRT (503) 880-8164, [email protected] Taylor Aalvik, Cowlitz, (360) 575-3306, [email protected] John Marsh, CSKT, (503) 341-6237, [email protected] Columbia River headwaters.